[Federal Register Volume 68, Number 163 (Friday, August 22, 2003)]
[Rules and Regulations]
[Pages 50681-50686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21547]



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  Federal Register / Vol. 68, No. 163 / Friday, August 22, 2003 / Rules 
and Regulations  

[[Page 50681]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket Number FV-98-304]


United States Standards for Grades of Pistachio Nuts in the 
Shell, and United States Standards for Grades of Shelled Pistachio Nuts

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule revises the United States Standards for Grades of 
Pistachio Nuts in the Shell and the United States Standards for Grades 
of Shelled Pistachio Nuts. The revisions will modify the standards to 
more closely align grade names with other tree-nut commodities and 
current industry-recognized marketing terms, reduce the tolerance for 
internal defects for the purpose of providing a higher degree of 
quality assurance, relax tolerances of the level of light stain on the 
shell in the various grade levels based on consumer preferences, more 
objectively define when nuts are damaged by various factors, and 
include two in-shell grade specifications which reflect the industry's 
byproduct. These standards are issued under the Agricultural Marketing 
Act of 1946. These changes will promote greater uniformity and 
consistency in the standards, as well as provide consistency with 
current marketing practices.

EFFECTIVE DATE: September 22, 2003.

FOR FURTHER INFORMATION CONTACT: David L. Priester, Standardization 
Section, Fresh Products Branch, Fruit and Vegetable Programs, 
Agricultural Marketing Service, U.S. Department of Agriculture, 1400 
Independence Avenue, SW., Room 1661, South Building, STOP 0240, 
Washington, DC 20250-0240, fax (202) 720-8871, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Executive Orders 12988 and 12866

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This action is not intended to have retroactive effect. 
This rule will not preempt any state or local laws, regulations, or 
policies, unless they present an irreconcilable conflict with this 
rule. There are no administrative procedures which must be exhausted 
prior to any judicial challenge to the provisions of the rule. The 
Office of Management and Budget has waived the review process required 
by Executive Order 12866 for this action.

Regulatory Flexibility Act

    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (RFA), AMS has considered the economic impact of this 
action on small entities. The purpose of the RFA is to fit regulatory 
actions to the scale of businesses subject to such actions so that 
small businesses will not be unduly or disproportionately burdened. 
Accordingly, AMS has prepared this initial regulatory flexibility 
analysis. Interested parties are invited to submit information on the 
regulatory and informational impacts of this action on small 
businesses.
    Available information provided by the California Pistachio 
Commission (CPC) show that there are 647 California pistachio producers 
and 19 California handlers of pistachio nuts, most of which are also 
growers or have grower members. Additional information provided by CPC 
show that 445 California pistachio producers (69% of the total) produce 
less than 100,000 pounds per year; 100 producers (15%) produce more 
than 100,000 and less than 250,000 pounds; 43 growers (7%) produce more 
than 250,000 and less than 500,000 pounds; and 59 producers (9%) grow 
more than 500,000 pounds. U.S. grade standards for pistachios would 
normally be used at the sales level of marketing, which is ordinarily 
carried out at the processor/packer level or after processing has been 
completed. Pistachio nuts may be marketed by multiple commodity 
marketing firms.
    The California Department of Food and Agriculture Resource 
Directory 2002, reports that California accounted for more than 99 
percent of domestic pistachio production. More current information 
available to the Department indicates that California has 97 percent of 
domestic production with Arizona at 2 percent and New Mexico with less 
than 1 percent.
    Small agricultural service firms, which include handlers (packers, 
brokers, distributors, importers, etc.), have been defined by the Small 
Business Administration (SBA) (13 CFR 121.601) as those having annual 
receipts of less than $5,000,000 and small agricultural producers are 
defined as those having annual receipts of less than $750,000. The 
pistachio industry is characterized by growers that produce from .1 to 
more than 500 acres. Approximately 9 percent of the California 
pistachio growers receive more than $550,000 annually. Only a portion 
of these producers would meet SBA's definition of a small agricultural 
producer. At least 12 of the California pistachio handlers (or 63 
percent of the total) could be considered small businesses under SBA's 
definition. We would expect that similar size determinations would hold 
for the remainder of domestic production.
    This rule will: More closely align the grade names with other tree 
nut commodities and current industry recognized marketing terms, reduce 
the tolerance for internal defects for the purpose of providing a 
higher degree of quality assurance to consumers, relax the level of 
light stain on the shell, more objectively define when nuts are damaged 
by various factors, and establish two additional grades which reflect 
the industry's marketing of in-shell byproducts. The benefits of this 
rule are not expected to be disproportionately greater or smaller for 
small handlers or producers than for large entities.
    This action will make the standards more consistent and uniform 
with current industry terms and practices. This action would not impose 
substantial direct economic cost, record keeping, or personnel workload 
changes on small entities, and it would not alter the market share or 
competitive position of these entities relative to large businesses. 
USDA has not identified any Federal rules that currently duplicate, 
overlap, or conflict with this rule. In addition, under the 
Agricultural

[[Page 50682]]

Marketing Act of 1946, the use of these standards is voluntary.
    Alternatives were considered for this action. One alternative would 
be to not issue a rule. However, the need for revisions have increased 
as a result of changing marketing characteristics by industry, several 
years of work with the industry to assess market and grower 
implications, and other input from all sectors of the pistachio 
industry and government. Since the purpose of these standards is to 
expedite the marketing of pistachio nuts in the U.S., not revising the 
standards would result in disuse of national standards and confusion in 
terms of industry marketing and the proper application of the grade 
standards.
    The proposed rule, the United States Standards for Grades of 
Pistachio Nuts in the Shell and the United States Standards for Grades 
of Shelled Pistachio Nuts was published in the Federal Register on May 
23, 2003 (68 FR 28141). A comment period of thirty days was issued 
which closed on June 23, 2003.

Final Rule and Comments

    One e-mail comment was received. The commenter stated that the 
United States Standards for Grades of Pistachio Nuts in the Shell 
contain a tolerance for ``damage by other means,'' but do not contain a 
definition for ``damage by other means.'' However, ``damage by other 
means'' is not a specific defect. This tolerance is provided for all 
defects that are not specifically covered by other tolerances. 
Therefore, a definition for ``damage by other means'' is not necessary.
    This rule would revise the United States Standards for Grades of 
Pistachio Nuts in the Shell and the United States Standards for Grades 
of Shelled Pistachio Nuts that were issued under the Agricultural 
Marketing Act of 1946. These standards are voluntarily used by industry 
as a common trading language to market pistachio nuts under established 
and known specifications. In some transactions, the buyer and seller 
may establish their own specifications for the sale, use portions of 
the U.S. standards while altering other portions to fit the sale and 
needs of the parties, or use the U.S. standards as written.
    At the time of its 1998 request to AMS, the CPC issued ``industry 
standards'' based on the requested changes and encouraged California 
pistachio nuts to be marketed under those standards. The use of the 
voluntary ``industry standards'' for national and international 
marketing with official certification by USDA inspectors based on these 
standards has continued for three marketing seasons. The changes herein 
are based on the standards currently being used by the industry to 
market U.S. grown pistachio nuts nationally and internationally.

Background

    The United States Standards for Grades of Pistachio Nuts in the 
Shell and the United States Standards for Grades of Shelled Pistachio 
Nuts were developed in 1986 and 1990, respectively. At that time, the 
U.S. pistachio industry was beginning to compete in a global market. As 
the industry has grown in numbers of growers and processors and in 
volume, the current grade standards have been regularly used as a basis 
of marketing. In recent years, foreign and domestic buyers have 
developed customers that have uses for nuts which have specifications 
outside the scope of the U.S. grade standards. In addition, U.S. 
marketers have begun to offer for sale byproduct forms of pistachio 
nuts for which there are no uniform marketing specifications in the 
form of recognized grade standards.
    AMS received a request to update and revise the United States 
Standards for Grades of Pistachio Nuts in the Shell and the United 
States Standards for Grades of Shelled Pistachio Nuts from the CPC. The 
CPC is the State-approved marketing agent for the California pistachio 
industry and represents nearly all commercial pistachio producers and 
handlers in California. AMS and its State cooperator in California have 
been closely working with CPC and its members since 1994 to review and 
update the industry grade standards. Official inspection services, with 
these U.S. grade standards as the basis, have been used by the industry 
since the inception of the standards.
    Currently, the majority of U.S. pistachio production, and more than 
30 percent of worldwide pistachio production, originates from 
California. The California industry, in cooperation with the CPC, began 
a comprehensive review of the current standards in 1994. As this 
process evolved, the industry tested possible revision theories through 
hands-on testing in the packing plants, through consumer preference 
studies, and through public meetings with processors, growers and other 
interested parties. This was initiated in order to review the standards 
and meet the marketing needs of the U.S. pistachio industry and the 
preferences of industry buyers and the general public. As a result of 
this study, the CPC, acting on behalf of California growers and 
shippers, requested an amendment to the standards.
    This rule revises the standards to more closely align the grade 
names with other tree nut commodities and current industry recognized 
marketing terms, reduce the tolerance for internal defects for the 
purpose of providing a higher degree of quality assurance to consumers, 
relax the level of light stain on the shell, more objectively define 
when nuts are damaged by various factors, and establish two additional 
grades which reflect the industry's marketing of in-shell byproducts. 
These changes are intended to update the standards to maintain their 
usefulness as they are applied to today's marketing challenges, both 
nationally and internationally.
    Therefore, AMS amends the United States Standards for Grades of 
Pistachio Nuts in the Shell and the United States Standards for Grades 
of Shelled Pistachio Nuts as follows:

List of Subjects in 7 CFR Part 51

    Agricultural commodities, Food grades and standards, Fruits, Nuts, 
Reporting and recordkeeping requirements, Trees, Vegetables.

PART 51--[AMENDED]

0
For reasons set forth in the preamble, 7 CFR part 51 is amended as 
follows:
0
1. The authority citation for part 51 continues to read as follows:

    Authority: 7 U.S.C. 1621-1627.


0
2. Section 51.2541 is revised to read as follows:

Subpart--United States Standards for Grades of Pistachio Nuts in 
the Shell Grades


Sec.  51.2541  U.S. Fancy, U.S. Extra No. 1, U.S. No. 1 And U.S. Select 
Grades.

    ``U.S. Fancy,'' ``U.S. Extra No. 1,'' ``U.S. No. 1,'' and ``U.S. 
Select'' consists of pistachio nuts in the shell which meet the 
following requirements:
    (a) Basic requirements:
    (1) Free from:
    (i) Foreign material;
    (ii) Loose kernels;
    (iii) Shell pieces;
    (iv) Particles and dust; and,
    (v) Blanks.
    (b) Shells:
    (1) Free from:
    (i) Non-split shells; and,
    (ii) Shells not split on suture.
    (2) Free from damage by:
    (i) Adhering hull material;
    (ii) Light stained;
    (iii) Dark stained; and,
    (iv) Other External (shell) defects.
    (c) Kernels:

[[Page 50683]]

    (1) Well dried, or, very well dried when specified in connection 
with the grade.
    (2) Free from damage by:
    (i) Immature kernels;
    (ii) Kernel spotting; and,
    (iii) Other Internal (kernel) defects.
    (3) Free from serious damage by:
    (i) Minor insect or vertebrate injury;
    (ii) Insect damage;
    (iii) Mold;
    (iv) Rancidity;
    (v) Decay; and,
    (vi) Other Internal (kernel) defects.
    (d) The nuts are of a size not less than \30/64\ inch in diameter 
as measured by a round hole screen.
    (e) For tolerances, see Sec.  51.2544.

0
3.-4. Section 51.2542 is revised to read as follows:


Sec.  51.2542  U.S. Artificially Opened.

    ``U.S. Artificially Opened'' consists of artificially opened 
pistachio nuts in the shell which meet the following requirements:
    (a) Basic Requirements:
    (1) Free from:
    (i) Foreign material;
    (ii) Loose kernels;
    (iii) Shell pieces;
    (iv) Particles and dust; and,
    (v) Blanks.
    (b) Shells:
    (1) Free from:
    (i) Non-split shells; and,
    (ii) Shells not split on suture.
    (2) Free from damage by:
    (i) Adhering hull material;
    (ii) Light stained;
    (iii) Dark stained; and,
    (iv) Other External (shell) defects.
    (c) Kernels:
    (1) Well dried, or, very well dried when specified in connection 
with the grade.
    (2) Free from damage by:
    (i) Immature kernels;
    (ii) Kernel spotting; and,
    (iii) Other Internal (kernel) defects.
    (3) Free from serious damage by:
    (i) Minor insect or vertebrate injury;
    (ii) Insect damage;
    (iii) Mold;
    (iv) Rancidity;
    (v) Decay; and,
    (vi) Other Internal (kernel) defects.
    (d) The nuts are of a size not less than \30/64\ inch in diameter 
as measured by a round hole screen.
    (e) For tolerances, see Sec.  51.2544.

0
5. Section 51.2543 is revised to read as follows:


Sec.  51.2543  U.S. Non-Split.

    ``U.S. Non-Split'' consists of non-split pistachio nuts in the 
shell which meet the following requirements:
    (a) Basic requirements:
    (1) Free from:
    (i) Foreign material;
    (ii) Loose kernels;
    (iii) Shell pieces;
    (iv) Particles and dust; and,
    (v) Blanks.
    (b) Shells:
    (1) Free from damage by:
    (i) Adhering hull material; and,
    (ii) Dark stain.
    (c) Kernels:
    (1) Well dried, or very well dried when specified in connection 
with the grade.
    (2) Free from damage by:
    (i) Immature kernels;
    (ii) Kernel spotting; and,
    (iii) Other internal (kernel) defects.
    (3) Free from serious damage by:
    (i) Minor insect or vertebrate injury;
    (ii) Insect damage;
    (iii) Mold;
    (iv) Rancidity;
    (v) Decay; and,
    (vi) Other Internal (kernel) defects.
    (d) The nuts are of a size not less than \30/64\ inch in diameter 
as measured by a round hole screen.
    (e) For Tolerances, see Sec.  51.2544.

0
6. Section 51.2544 is revised to read as follows:


Sec.  51.2544  Tolerances.

    (a) In order to allow for variations incident to proper grading and 
handling, the tolerances in Tables I, II, and III of this section are 
provided.

                                              Table I.--Tolerances
                                                    [Percent]
----------------------------------------------------------------------------------------------------------------
                                                                                          U.S.
           Factor              U.S. fancy   U.S. extra   U.S. No. 1    U.S. select    artificially    U.S. non-
                                              No. 1                                      opened         split
----------------------------------------------------------------------------------------------------------------
External (shell) Defects
 (tolerances by weight):
(a) Non-split and not split             2            3            6              10              10          N/A
 on suture..................
(1) Non-split included in               1            2            3               4               4          N/A
 (a)........................
(b) Adhering hull material..            1            1            1               2               2            2
(c) Light stained...........            7           12           25             N/A             N/A          N/A
(1) Dark stained, included              2            3            3               3               3            3
 in (c).....................
(d) Damage by other means...            1            1            2               3              10          N/A
(e) Total External Defects..            9           16          N/A             N/A             N/A          N/A
(f) Undersized (Less than               5            5            5               5               4            5
 \30/64\ inch in diameter)..
----------------------------------------------------------------------------------------------------------------


                                              Table II.--Tolerances
                                                    [Percent]
----------------------------------------------------------------------------------------------------------------
                                                                                          U.S.
           Factor              U.S. fancy   U.S. extra   U.S. No. 1    U.S. select    artificially    U.S. non-
                                              No. 1                                      opened         split
----------------------------------------------------------------------------------------------------------------
Internal (Kernel) Defects
 (tolerances by weight):
(a) Damage..................            3            6            6               6               6            6
(b) Serious Damage..........            3            4            4               4               4            4
(1) Insect Damage, Mold,                1            2            2               2               2            2
 Rancid, Decay, included in
 (b)........................
(c) Total Internal Defects..            4            8            9               9               9            9
----------------------------------------------------------------------------------------------------------------


[[Page 50684]]


                                                                 Table III.--Tolerances
                                                                        [Percent]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                 U.S.
                             Factor                                U.S. fancy    U.S. extra    U.S. No. 1     U.S. select    artificially     U.S. non-
                                                                                    No. 1                                       opened          split
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other Defects (tolerances by weight):
(a) Shell pieces and blanks.....................................          2             2             2               2               2             2
(1) Blanks, included in (a).....................................          1             1             1               1               1             1
(b) Foreign material (No glass, metal or live insects shall be             .25           .25           .25             .25             .25           .25
 permitted).....................................................
(c) Particles and dust..........................................           .25           .25           .25             .25             .25           .25
(d) Loose kernels...............................................          4             5             6               6               6             6
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
7. Section 51.2545 is revised to read as follows:


Sec.  51.2545  Application of tolerances.

    The tolerances for the grades apply to the entire lot and shall be 
based on a composite sample drawn from containers throughout the lot. 
Any container or group of containers which have nuts obviously 
different in quality or size from those in the majority of the 
containers shall be considered a separate lot and shall be sampled 
separately.

0
8. Section 51.2546 is revised to read as follows:


Sec.  51.2546  Size.

    Nuts may be considered as meeting a size designation specified in 
Table IV or a range in number of nuts per ounce, provided, the weight 
of 10 percent, by count, of the largest nuts in a sample does not 
exceed 1.50 times the weight of 10 percent, by count, of the smallest 
and the average number of nuts per ounce is not more than one-half nut 
above or below the extremes of the range specified.

                           Table IV.--Nut Size
------------------------------------------------------------------------
                                            Average number of nuts per
           Size designations                        ounce \1\
------------------------------------------------------------------------
Colossal...............................  Less than 18.
Extra Large............................  18 to 20.
Large..................................  21 to 25.
Medium.................................  26 to 30.
Small..................................  More than 30.
------------------------------------------------------------------------
\1\ Before Roasting.



0
9. Section 51.2547 is revised to read as follows:


Sec.  51.2547  Definitions.

    (a) Well dried means the kernel is firm and crisp.
    (b) Very well dried means the kernel is firm and crisp and the 
average moisture content of the lot does not exceed 7.00 percent or is 
specified. (See Sec.  51.2548.)
    (c) Loose kernels means edible kernels or kernel portions which are 
out of the shell and which cannot be considered particles and dust.
    (d) External (shell) defects means any blemish affecting the hard 
covering around the kernel. Such defects include, but are not limited 
to, non-split shells, shells not split on suture, adhering hull 
material, light stained, or dark stained.
    (1) Damage by external (shell) defects means any specific defect 
described in paragraphs (d)(1) (i) through (v) of this section, or an 
equally objectionable variation of any one of these defects, any other 
defect, or any combination of defects, which materially detracts from 
the appearance or the edible or marketing quality of the individual 
shell or of the lot. (For tolerances see Sec.  51.2544, Table I.)
    (i) Non-split shells means shells are not opened or are partially 
opened and will not allow an 18/1000 (.018) inch thick by \1/4\ (.25) 
inch wide gauge to slip into the opening.
    (ii) Not split on suture means shells are split other than on the 
suture and will allow an 18/1000 (.018) inch thick by \1/4\ (.25) inch 
wide gauge to slip into the opening.
    (iii) Adhering hull material means an aggregate amount covers more 
than one-eighth of the total shell surface, or when readily noticeable 
on dyed shells.
    (iv) Light stained on raw or roasted nuts, means an aggregate 
amount of yellow to light brown or light gray discoloration is 
noticeably contrasting with the predominate color of the shell and 
affects more than one-fourth of the total shell surface or, on dyed 
nuts, when readily noticeable.
    (v) Dark stained on raw or roasted nuts, means an aggregate amount 
of dark brown, dark gray or black discoloration affects more than one-
eighth of the total shell surface, or, on dyed nuts, when readily 
noticeable, provided that speckled appearing stain located within the 
area of one-fourth of the shell nearest the stem end shall be 
disregarded.
    (e) Internal (kernel) defects means any blemish affecting the 
kernel. Such defects include, but are not limited to evidence of 
insects, immature kernels, rancid kernels, mold, or decay.
    (1) Damage by internal (kernel) defects means any specific defect 
described in paragraphs (e)(1)(i) through (ii) of this section; or an 
equally objectionable variation of any one of these defects, any other 
defect, or any combination of defects, which materially detracts from 
the appearance or the edible or marketing quality of the individual 
kernel or of the lot. (For tolerances see Sec.  51.2544, Table II.)
    (i) Immature kernels are excessively thin or when a kernel fills 
less than three-fourths, but not less than one-half the shell cavity.
    (ii) Kernel spotting refers to dark brown or dark gray spots 
aggregating more than one-eighth of the surface of the kernel.
    (2) Serious damage by internal (kernel) defects means any specific 
defect described in paragraphs (e)(2)(i) through (v) of this section; 
or an equally objectionable variation of any one of these defects, any 
other defect, or any combination of defects, which seriously detracts 
from the appearance or the edible or the marketing quality of the 
individual kernel or of the lot. (For tolerances see Sec.  51.2544, 
Table II.)
    (i) Minor insect or vertebrate injury means the kernel shows 
conspicuous evidence of feeding.
    (ii) Insect damage is an insect, insect fragment, web or frass 
attached to the kernel. No live insects shall be permitted.
    (iii) Mold which is readily visible on the shell or kernel.
    (iv) Rancidity means the kernel is distinctly rancid to taste. 
Staleness of flavor shall not be classed as rancidity.
    (v) Decay means one-sixteenth or more of the kernel surface is 
decomposed.
    (f) Other defects means defects which cannot be considered internal 
defects or external defects. Such defects include, but are not limited 
to shell pieces, blanks, foreign material or particles and dust. The 
following shall be considered other defects. (For tolerances see Sec.  
51.2544, Table III.)

[[Page 50685]]

    (1) Shell pieces means open in-shell nuts not containing a kernel, 
half shells or pieces of shell which are loose in the sample.
    (2) Blank means a non-split shell not containing a kernel or 
containing a kernel that fills less than one-half the shell cavity.
    (3) Foreign material means leaves, sticks, loose hulls or hull 
pieces, dirt, rocks, insects or insect fragments not attached to nuts, 
or any substance other than pistachio shells or kernels. Glass, metal 
or live insects shall not be permitted.
    (4) Particles and dust means pieces of nut kernels which will pass 
through a 5/64 inch round opening.
    (5) Undersize means pistachio nuts in the shell which fall through 
a 30/64 inch round hole screen.

0
10. Section 51.2548 is added to read as follows:


Sec.  51.2548  Average moisture content determination.

    (a) Determining average moisture content of the lot is not a 
requirement of the grades, except when nuts are specified as ``very 
well dried.'' It may be carried out upon request in connection with 
grade analysis or as a separate determination.
    (b) Nuts shall be obtained from a randomly drawn composite sample. 
Official certification shall be based on the air-oven method or other 
officially approved methods or devices. Results obtained by methods or 
devices not officially approved may be reported and shall include a 
description of the method or device and the owner of any equipment 
used.

0
11. Section 51.2549 is added to read as follows:


Sec.  51.2549  Metric conversion table.

    Use the following table for metric conversion:

------------------------------------------------------------------------
                         Inches                             Millimeters
------------------------------------------------------------------------
\5/64\..................................................            1.98
\18/100\................................................             .46
\1/4\...................................................            6.35
\30/64\.................................................           11.88
---------------------------------------------------------
                         Ounces                                Grams
---------------------------------------------------------
1.......................................................           28.35
2.......................................................           56.70
------------------------------------------------------------------------

Subpart--United States Standards for Grades of Shelled Pistachio 
Nuts

0
12. In Sec.  51.2555, paragraph (b) is revised to read as follows:


Sec.  51.2555  General.

* * * * *
    (b) These standards are applicable to raw, roasted, salted or 
salted/roasted pistachio kernels.

0
13. Section 51.2556 is revised to read as follows:


Sec.  51.2556  Grades.

    (a) ``U.S. Fancy,'' ``U.S. Extra No. 1,'' and ``U.S. No. 1'' 
consist of pistachio kernels which meet the following requirements:
    (1) Well dried, or very well dried when specified in connection 
with the grade.
    (2) Free from:
    (i) Foreign material, including in-shell nuts, shells, or shell 
fragments.
    (3) Free from damage by:
    (i) Immature kernels;
    (ii) Kernel spotting; and
    (iii) Other defects.
    (4) Free from serious damage by:
    (i) Mold;
    (ii) Minor insect or vertebrate injury;
    (iii) Insect damage;
    (iv) Rancidity;
    (v) Decay; and,
    (vi) Other defects.
    (5) Unless otherwise specified, kernels shall meet the size 
classification of Jumbo Whole Kernels (See Sec.  51.2559).
    (b) [Reserved]

0
14. In Sec.  51.2557, Table 1 is revised to read as follows:


Sec.  51.2557  Tolerances.

* * * * *

                           Table 1.--Tolerances
                                [Percent]
------------------------------------------------------------------------
    Factor (tolerances by                      U.S. extra
           weight)              U.S. fancy       No. 1       U.S. No. 1
------------------------------------------------------------------------
(a) Damage..................           2.0            2.5            3.0
(b) Serious Damage..........           1.5            2.0            2.5
(1) Insect Damage, mold,                .3             .4             .5
 rancid, decay, included in
 (b)........................
(c) Foreign Material........            .03            .05            .1
------------------------------------------------------------------------


0
15. Section 51.2559 is revised to read as follows:


Sec.  51.2559  Size classifications.

    (a) The size of pistachio kernels may be specified in connection 
with the grade in accordance with one of the following size 
classifications.
    (1) Jumbo Whole Kernels: 80 percent or more by weight shall be 
whole kernels and not more than 5 percent of the total sample shall 
pass through a \24/64\ inch round hole screen with not more than 1 
percent passing through a \16/64\ inch round hole screen.
    (2) Large Whole Kernels: 80 percent or more, by weight, shall be 
whole kernels and not more than 2 percent of the total sample shall 
pass through a \16/64\ inch round hole screen.
    (3) Large Split Kernels: 75 percent or more, by weight, shall be 
half kernels split lengthwise and not more than 5 percent of the total 
sample shall pass through a \16/64\ inch round hole screen.
    (4) Whole and Broken Kernels: means a mixture of any combination of 
whole kernels or pieces. The percentage of whole kernels and/or pieces 
may be specified. Not more than 5 percent of the total sample shall 
pass through a \5/64\ inch round hole screen.
    (b) [Reserved]

0
16. Section 51.2560 is revised to read as follows:


Sec.  51.2560  Definitions.

    (a) Well dried means the kernel is firm and crisp.
    (b) Very well dried means the kernel is firm and crisp and the 
average moisture content of the lot does not exceed 7 percent or is 
specified (See Sec.  51.2561).
    (c) Foreign material means leaves, sticks, in-shell nuts, shells or 
pieces of shells, dirt, or rocks, or any other substance other than 
pistachio kernels. No allowable tolerances for metal or glass.
    (d) Whole kernel means \3/4\ of a kernel or more.
    (e) Splits means more than \3/4\ of a half kernel split lengthwise.
    (f) Damage means any specific defect described in paragraph (f) (1) 
through (2) of this section or an equally objectionable variation of 
any one of these defects, any other defect, or any combination of 
defects, which materially detracts from the appearance or the edible or 
marketing quality of the

[[Page 50686]]

individual kernel or of the lot. (For tolerances, see Sec.  51.2557, 
Table I.)
    (1) Immature kernels are excessively thin kernels and can have 
black, brown or gray surface with a dark interior color and the 
immaturity has adversely affected the flavor of the kernel.
    (2) Kernel spotting refers to dark brown or dark gray spots 
aggregating more than one-eighth of the surface of the kernel.
    (g) Serious damage means any specific defect described in paragraph 
(g) (1) through (5) of this section, or an equally objectionable 
variation of any one of these defects, any other defect, or any 
combination of defects, which seriously detracts from the appearance or 
the edible or marketing quality of the individual kernel or of the lot. 
(For tolerances see Sec.  51.2557 Table I.)
    (1) Mold which is readily visible on the kernel.
    (2) Minor insect or vertebrate injury means the kernel shows 
conspicuous evidence of feeding.
    (3) Insect damage is an insect, insect fragment, web or frass 
attached to the kernel. No live insects shall be permitted.
    (4) Rancidity means the kernel is distinctly rancid to taste. 
Staleness of flavor shall not be classed as rancidity.
    (5) Decay means one-sixteenth or more of the kernel is decomposed.

0
17. Section 51.2562 is added to read as follows:


Sec.  51.2562  Metric Conversion Table.

    Use the following table for metric conversion:

------------------------------------------------------------------------
               Inches                            Millimeters
------------------------------------------------------------------------
                   \5/64\                                 1.98
                  \16/64\                                 6.35
                  \24/64\                                 9.53
               Ounces                                 Grams
                        1                                28.35
                        2                                56.7
------------------------------------------------------------------------


    Dated: August 19, 2003.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 03-21547 Filed 8-21-03; 8:45 am]
BILLING CODE 3410-02-P